The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.
Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.
In Nevada, the criminal offense of resisting arrest is covered under Nevada Revised Statutes (NRS) 199.280 and 199.430. It is unlawful for a person to resist, delay, or obstruct a public officer, including a police officer, in the discharge or attempted discharge of any legal duty of his or her office. This includes physical resistance during an arrest, such as struggling while being handcuffed, as well as non-physical acts like providing a false name during questioning. Resisting arrest in Nevada is typically charged as a misdemeanor. However, if a person uses a firearm or other deadly weapon to resist arrest, the offense can be elevated to a category B felony, which carries more severe penalties. It's important to note that the specific circumstances of the incident can affect the charges and potential penalties, and an attorney can provide guidance on the matter based on the facts of the case.